If you are looking to buy any land in Kenya, then you should do your utmost best to understand the land purchase process to avoid being conned and to make your investment worthwhile in the long haul. You should understand the legal procedure for buying land in Kenya. Buying land in Kenya is governed by laws and regulations such as the Constitution of Kenya, Land Registration Act, and the Land Act.
This legal land buying process is designed to protect your rights as a buyer and the land seller’s rights to ensure transparency and security in land transactions.
Here is a step-by-step guide on the land purchase process in Kenya, including the key legal procedures you ought to know:
Do Proper Due Diligence Process Before Buying Land
For starters, before you buy any land in Kenya, it’s essential to conduct thorough due diligence on it. This involves investigating the ownership, title deed, and history of the land.
Here are the key due diligence requirements and steps you should take:
Step 1: Conduct a Land Search Through the Land Registry
Well, you’ll need to take steps to access and verify records about that particular parcel of land using its registered parcel number on the title deed.
You can conduct a search through the Ministry of Lands and Physical Planning or specific land registry offices in your county.
For example, if you are looking to buy land in Kikuyu, you can visit the land registry in Kiambu County to do a land search. You can also do a land search online. Check out our blog guide on title deeds in Kenya and how to search for the plot you would like to buy.
Step 2: Check For Any Unpaid Land Rates
You’ll also need to check whether the parcel of land has any unpaid land rates. Land rates are simply a form of local taxation imposed by the government or local authorities on landowners.
Remember that local county laws require that any outstanding land rates or taxes are cleared before a land transfer can be finalized. This is to ensure that the new owner assumes responsibility for any existing financial obligations tied to the property
Step 3: Obtain a Land Map
The other vital step in the due diligence process in Kenya is to obtain a land map from the Land Registry or a registered surveyor in your area. This will help you determine the exact extent and dimensions of the land you want to buy.
You can work with a good property surveyor to help you authenticate the land’s boundaries. This is one of the key steps that will help you prevent misunderstandings or disputes that might arise once the land sale transaction is completed.
Tip: If you want to buy land in Kikuyu or Kamulu and you need to check the map of the land, you can contact us at Fusion Estates Management. We will help you with get land with a title deed
Create a Good Sale Agreement
Once you have done all the due diligence, you are ready to complete the legal process of buying land in Kenya! The next step in the land purchase process in Kenya is to create a formal sale agreement between you and the seller to highlight the conditions of the sale, payment terms, and timelines.
It’s advisable to have legal representation during the negotiation and drafting of the sale agreement to ensure that both parties’ interests are adequately safeguarded.
What to Include in a Sale Agreement in Kenya
Generally speaking, a good sale agreement will need to protect the interests of both parties involved in the transaction, plus it must comply with the law in Kenya.
In this regard, ensure the sale agreement includes at least the following clauses:
- Identification of Parties ( You and the Seller)
- Property Description
- Title and Ownership
- Purchase Price and Payment Terms
- Contingencies and Conditions
- Representations and Warranties
- Closing Date
- Default and Remedies
- Disclosures
- Governing Law
- Any additional clauses specific to the transaction, such as provisions for easements, rights of way, or any specific agreements made between you and the land seller.
- Signatures and Witnesses
Complete the Legal Procedure for Buying Land in Kenya
Once you have agreed upon the purchase price as per the terms in the sale agreement, you can proceed to make payment to complete the land purchase procedure and process, then you can start the legal transfer of the land to your name.
The transfer of land process involves the execution of a transfer document which is then lodged with the Ministry of Lands for registration.
Upon completion of the transfer process, you will apply for the issuance of a new title deed in your name. The Ministry of Lands will register the transfer and issue a new title deed in the buyer’s name, indicating the change of ownership.
Final Remarks
In conclusion, understanding and adhering to the legal procedure of buying land in Kenya will make the process of acquisition easier for you. It will also help you avoid being conned through fraudulent land transactions, conflicting land documentation, and disputes over land ownership that are quite common in the market.
You can mitigate these challenges by simply working with the right professionals and only buying land in Kenya from reputable real estate agents in Kenya like Fusion Estates Africa.
Don’t Hesitate to Drop Us an Email via sales@fusionestatesafrica.com or Call us via +254723 97 97 97 for any queries on buying land in Kenya, today!
